Age Discrimination
SOURCE: BUSINESS & FINANCE, AUGUST 2006
As of 1 October 2006, it will be unlawful to discriminate on the grounds of age. The Employment Equality (Age) Regulations 2006 represent the latest chapter in non-discrimination legislation and complete the implementation of the EC Equality Directive (2000/78/EC).
The potential impact of the Regulations is huge, especially when one considers that in Scotland there are approximately 615,000 workers aged over 50, and that 46% of men and 32% of women aged 50+ consider themselves economically active. Past experience of other types of discrimination legislation suggests that direct discrimination will be rare, but that the real impact will be in addressing indirect discrimination. It is particularly important to remember that the Regulations will apply to all workers across the age spectrum: the younger worker who is overlooked in favour of the person with "experience" is as likely to be a victim of age discrimination as anyone else!
As ever, prevention is better than cure. Employers should be taking steps now to avoid discrimination in the form of "assumptions" based on a person's age, and should ensure that they have robust procedures for recruitment, retirement and equal treatment generally so that claims will be avoided.
AUTHOR: ALISON GOW
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